![]() ![]() (4) Wild creatures, tamed or untamed, shall be regarded as property but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession. (3) A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose.įor purposes of this subsection â mushroomâ includes any fungus, and â plantâ includes any shrub or tree. (c) when, being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let to be used with the land.įor purposes of this subsection â landâ does not include incorporeal hereditaments â tenancyâ means a tenancy for years or any less period and includes an agreement for such a tenancy, but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be treated as having possession under the tenancy, and â letâ shall be construed accordingly. (b) when he is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed or (a) when he is a trustee or personal representative, or is authorised by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him or (2) A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases, that is to sayâ (1) â Propertyâ includes money and all other property, real or personal, including things in action and other intangible property. (2) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferorâs title, amount to theft of the property. (1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner. (2) A personâs appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property. (c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps. (b) if he appropriates the property in the belief that he would have the otherâs consent if the other knew of the appropriation and the circumstances of it or (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person or ![]() ![]() (1) A personâs appropriation of property belonging to another is not to be regarded as dishonestâ ![]()
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